Terms of Use

Last Revised: February 25, 2022

Terms of Use

These Terms of Use (“Terms”) tell users (“You” or a “User”) terms on which You are permitted to use our websites (“Site”).  These Terms of Use apply to both the www.AmprionMe.com and the www.AmprionDx.com websites.

You should read these Terms carefully. By using the Site, You agree to comply with these Terms. If You do not agree with these Terms, You must not use the Site.

These Terms of Use only address permissible uses of the Site by You.  Privacy information is available at the Privacy Policy, located at https://ampriondx.com/privacy-policy/, or the HIPAA notice of privacy practices, located at https://ampriondx.com/hipaa-policy/.

Information About the Site; Copyright

The Site is operated by Amprion, Inc. (“Amprion” or “we” or “us”).  The Site and information contained on the Site is protected by copyright and other intellectual property rights. You may not create modified versions of the content of the Site, or copy the Site, without our prior written permission. You may not use information from the Site for commercial purposes without permission.

No Warranty; No Liability

All information contained on, or accessible through, this website is provided to You on an “as is” basis. We do not warrant that it is accurate, complete, current, or reliable. To the fullest extent permitted by law, Amprion disclaims all warranties, either express or implied, statutory or otherwise. You should not rely on information on the Site, and You use the Site at Your own risk. In Amprion’s sole and absolute discretion, with or without notice to You, We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site (or any part thereof). You agree that We will not be liable to you or to any third party for any modification, suspension or discontinuance of this Site. We disclaim any and all liability related to Your use of the Site or Your inability to use the Site.

Not Medical Advice

The Site is not intended to provide medical advice. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. The information provided through this Site is designed to support, not replace, the relationship that exists between a patient and a patient’s health care provider.  The www.ampriondx.com Site is intended to provide information to health care professionals.  If you are not a health care professional, please see the www.AmprionMe.com website.

Privacy Policy

We collect, process, and use information about You as described in our Privacy Policy, : https://ampriondx.com/privacy-policy/ and the HIPAA notice, https://ampriondx.com/hipaa-policy/.  We may use cookies to improve the performance of the Site, to provide information about how the Site is used, or for similar activities.  By using the Site, You agree to the processing and the necessary cookies. Additional information about cookies is available in the “Cookie Information” document available on the Site, available at https://ampriondx.com/cookie-policy/.

Content

Amprion does not permit Users to upload data  or content onto the Site.  Amprion has implemented technical safeguards to prevent uploading of User content.  However, if You attempt to upload data or content on the Site, this Section applies.  By uploading information onto the Site, You certify that You have the right to upload the information. Information uploaded onto the Site is not confidential, and You grant to us an unlimited, perpetual, royalty free, fully paid-up, worldwide license to use that information for any purpose, in any format or media. We have the right to disclose Your identity and location to any third party who claims that any material uploaded or posted by You infringes any intellectual property right, or breaches any confidentiality or privacy right. We are not responsible or liable for the content or accuracy of any content posted by You or any other user of the Site. We have the right to remove any content or information posted on the Site at any time.

Any content or information posted on the Site by a user must:

• Not be illegal, inflammatory, defamatory, obscene, or hateful
• Not promote violence
• Not be sexually explicit
• Not promote discrimination based on race, religion, gender, nationality, disability, age, or similar characteristics
• Not infringe or breach the rights of any third party
• Not threaten, abuse, harass, embarrass, alarm, or seek to annoy another person
• Not seek to incite another to engage in any of the prohibited behaviors
• Not seek to sell goods or services of a third party
• Not misrepresent the source of the information
• Be truthful, fair and appropriate given the nature and purpose of the Site to educate and support the attainment of health and healthy behaviors

Amprion respects the rights of all copyright holders. If You believe Your copyright has been infringed, You may notify Amprion in writing at PrivacyOfficer@Amprionme.com, or at:

Amprion, Inc.
149 New Montgomery Ave, 4^th Floor
San Francisco, CA 94205

To be effective, Your notice must include substantially the following, as provided for under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):

• Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Amprion has adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of subscribers and account holders that are repeat infringers.

Permitted Uses of the Site

The Site may be used only for lawful purposes. The Site may not be used:

• To violate the law
• To harm or defraud anyone
• To send or transmit materials that could not be uploaded as content
• To transmit unsolicited promotional or advertising materials or spam
• To transmit any computer code, including (without limitation) any virus, worm, Trojan, time-bomb, logger, spyware, ransomware, or other harmful program or code that is intended, designed, or anticipated to cause harm or disruption to computers, data or networks
• To participate in a denial of service or other activity that is intended or likely to disrupt the efficient operation of the Site or any other website or computer network

Linking and Framing

Framing and linking of the Site by Users is prohibited.

Links to Other Websites

There may be links to other websites on the Site. The presence of a link to another website does not indicate any endorsement or approval of goods or services offered by the company or through the linked website. Each website has its own terms of use and privacy policy, which You should review before using the website. We are not responsible for the operation, terms or privacy policy of linked websites.

Your Indemnity

You agree to defend, indemnify and hold harmless Amprion, Inc., and its parent, subsidiary and affiliate entities, and its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to the use of or access to the Site, your use of any information obtained from, by or through the Site, or any act or omission relating to the Site, including, without limitation, any actual or threatened suit, demand or claim made against Amprion, Inc. or its parent, subsidiary or affiliate entities, and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Site, your conduct, your violation of these Terms of Service or your violation of the rights of any third party.

Enforcement of Terms

We have the right to determine whether there has been a violation of these Terms. If we determine the Terms have been violated, we have the right to determine the action that will be taken. The action to be taken may include (but not be limited to):

• Immediate termination of Your right to use the Site. The termination may be temporary or permanent.
• Immediate removal of any content posted by You to the Site.
• Issuance of a warning or other communication to You.
• Legal proceedings against You, including seeking of damages (including indemnity) recovering all costs and losses suffered as a result of Your violation of the Terms.
• Other forms of legal proceedings against You.
• Referral to law enforcement agencies for further action.

We will not be liable for any damages which You may suffer as a result of the foregoing actions.

Jurisdiction and Applicable Law

The law of the State of California will apply to all proceedings related to the Site and these Terms.  You hereby agree to submit to the personal jurisdiction of the state and federal courts for or located in San Diego County, California. You irrevocably waive any defenses to such personal jurisdiction including forum non-conveniens.

The Site, excluding unaffiliated linked sites, is controlled by Amprion, which is located in the United States. If You are using the Site when outside the United States of America, Your information will be transferred to, stored, and processed in the United States. The privacy laws of the United States may not be as protective as those in other jurisdictions. By using the Site, You acknowledge that We collect and process Your data as described in these Terms. We collect and use information as reasonably necessary to fulfill Your requests for our services, to operate Our business, and to comply with law.  You acknowledge that these are acceptable reasons to collect and process Your data.  You also consent to the transfer of Your information to the United States and the use and disclosure of Your information as described in these Terms of Use and the  Privacy Policy.  If You want Us to correct, delete, or no longer process Your data, please contact us at the “Contact Us” address below. You understand and agree that a request for us to delete or no longer process Your data means that You can no longer use the Site, as it is necessary for Us to process Your data to provide the services.   Certain data may have been used or integrated in a manner that prevents Amprion from deleting the data; however, to the extent possible, Amprion will limit the future use of the data as You request.

Changes to the Terms & Use

We have the right to change, amend and modify the Terms at any time. We will post the revised Terms on the Site, with a changed “Last Revised” date. You are expected to check this page from time to time for changes to the Terms, as they are binding on You. If You have questions, we can be contacted at:

Amprion, Inc.
149 New Montgomery St. 4th Floor
San Francisco, CA 94105
Info@ampriondx.com